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Calcutta High Court · body

2026 DAILYLAW 39162 (CAL)

RABI KUMAR SHAW v. KOLKATA MUNICIPAL CORPORATION AND ORS.

WPA/4411/2026 · 2026-09-08

Partha Sarathi Chatterjee

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.09.2026 sl.23 Ct No. 446 tkm WPA 4411 of 2026 Rabi Kumar Shaw Vs KMC & Ors. Mr. Indranil Halder …for the petitioner Mr. Suman Basu (VC) Mr. Nilotpal Chatterjee …for the KMC 1. The grievance of the petitioner is that certain unknown persons have unauthorisedly occupied a portion of the footpath adjacent to his premises and have been carrying on vending activities therefrom. According to the petitioner, such unauthorised vending activities have caused obstruction and inconvenience to his ingress to and egress from the premises. The petitioner brought the matter to the notice of the respondent no. 4 by submitting a representation. However, despite receipt of such representation, no steps have been taken in this regard. In such circumstances, the petitioner has been constrained to approach this Court by filing the present writ petition. Mr. Halder, learned Advocate for the petitioner, submits that the petitioner would be satisfied if the concerned respondent is directed to consider and dispose of the petitioner’s representation and address the grievance raised therein. 2 2. Mr. Basu, learned Advocate for the KMC submits that, if the matter is relegated to the concerned respondent with a direction to consider the petitioner’s representation, he would not have no objection. 3. Having heard the learned Advocates for the parties and upon perusal of the materials on record, and having regard to the stand taken by the respective parties, the present writ petition is disposed of by directing the Executive Engineer, Civil Department, KMC, being the respondent no. 2, to consider and dispose of the petitioner’s representation dated 6th February, 2022 by passing a reasoned order, after affording an opportunity of hearing to the petitioner. 4. Entire exercise shall be carried out within a period of eight weeks from the date of receipt of copy of this order. 5. It is clarified that I have not gone into the merits of the claim of the petitioner raised in the representation and all points are kept open to be decided by the respondent no. 2 while considering the petitioner’s representation. 6. With the aforesaid observation, the present writ petition is disposed of. (Partha Sarathi Chatterjee, J.)